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Car Interior Destroyed

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shoktroop47

Junior Member
What is the name of your state (only U.S. law)? California

Ok so I am asking this question on behalf of a friend of mine. He bought a brand new 08 mustang about 6 months ago. He has been making payments on it but started to not be able to afford it. We are both in the marine corps so we move a lot. He just got a new duty station and tried to sell his car. Well he got a marine to agree to take over his payments. But In his stupidity he had no written contract signed to legally bind the other marine into the contract. My friend moved about four hours away so he has not seen or driven the car.

So he calls me two days ago asking me to get the keys from the other marine, because he has not received any payment. So after two days of trying to track this guy down him avoiding my calls and not answering the door when i could hear him in his room I have possession of the car. When i got into it this morning to my utter amazement I beheld a scene from hell.

In less than a month. He had managed to for lack of better words to "rape" the inside of my friends car. I wish i had pics to post so you could see what i mean. There are burn holes in both the passenger and driver side seat, every inch of the car has been used as an ash try. The rubber lining in the cup-holders is melted from cigars, The back seats look as if some one spilled a handle of captain Morgan, on them, Every thing is stained. There is, and i don't know how he managed this one, Dirt/mud Ingrained all the way around the steering wheel. That's just the things you notice when you first get into the vehicle.

I know that he cannot hold the other marine responsible for the payments on the car and he doesn't care about that. But my question is can he hold the marine responsible for the damage done to the car? everything is as it was i am planning on taking pictures and documenting everything, although i don't know if he has any before pictures for comparison.

What are his chance in small claims court? He could produce witnesses who had ridden in the car before with my friend, and after with The other marine.
Will he be able to hold up? Is it even worth the effort? Its going to cost him alot of money to get this fixed, and i don't believe that he should have to pay for someone else's complete and utter disrespect for personal property and the property of others.

Thank you for any advice in advance. And please forgive the spelling and grammar :)
 
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Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

Ok so I am asking this question on behalf of a friend of mine. He bought a brand new 08 mustang about 6 months ago. He has been making payments on it but started to not be able to afford it. We are both in the marine corps so we move a lot. He just got a new duty station and tried to sell his car. Well he got a marine to agree to take over his payments. But In his stupidity he had no written contract signed to legally bind the other marine into the contract. My friend moved about four hours away so he has not seen or driven the car.

So he calls me two days ago asking me to get the keys from the other marine, because he has not received any payment. So after two days of trying to track this guy down him avoiding my calls and not answering the door when i could hear him in his room I have possession of the car. When i got into it this morning to my utter amazement I beheld a scene from hell.

In two weeks. He had managed to for lack of better words to "rape" the inside of my friends car. I wish i had pics to post so you could see what i mean. There are burn holes in both the passenger and driver side seat, every inch of the car has been used as an ash try. The rubber lining in the cup-holders is melted from cigars, The back seats look as if some one spilled a handle of captain Morgan, on them, Every thing is stained. There is, and i don't know how he managed this one, Dirt/mud Ingrained all the way around the steering wheel. That's just the things you notice when you first get into the vehicle.

I know that he cannot hold the other marine responsible for the payments on the car and he doesn't care about that. But my question is can he hold the marine responsible for the damage done to the car? everything is as it was i am planning on taking pictures and documenting everything, although i don't know if he has any before pictures for comparison.

What are his chance in small claims court? He could produce witnesses who had ridden in the car before with my friend, and after with The other marine.
Will he be able to hold up? Is it even worth the effort? Its going to cost him alot of money to get this fixed, and i don't believe that he should have to pay for someone else's complete and utter disrespect for personal property and the property of others.

Thank you for any advice in advance. And please forgive the spelling and grammar :)
Do you really thing he is going to get money out of this guy for damages when he wouldn't even make any car payments:eek:. Sure, he can sue, but the chances of your friend collecting are slim and none.
 

shoktroop47

Junior Member
Do you really thing he is going to get money out of this guy for damages when he wouldn't even make any car payments:eek:. Sure, he can sue, but the chances of your friend collecting are slim and none.
Thats the beauty of the US marine corps. If my friend wins the case, the government is in control of that other marines pay. And he will basically be forced to hand over what he owes. He cant get money for the payments because he did not sign a contract.

There is basically a separate legal system inside the Military called the UCMJ.
 

You Are Guilty

Senior Member
Thats the beauty of the US marine corps. If my friend wins the case, the government is in control of that other marines pay. And he will basically be forced to hand over what he owes. He cant get money for the payments because he did not sign a contract.

There is basically a separate legal system inside the Military called the UCMJ.
Unfortunately, I know below nothing about military law, but have heard of situations where you can approach the guy's CO with the problem and they sometimes step in before a formal lawsuit is initiated. If that is not an option, small claims may be, although repairing car interiors is not cheap and the cost of doing so might be higher than your small claim court's limit.

Might be a good time to start getting some (written) estimates for the repair cost. If nothing else, they will be necessary in any court case.

Good luck.
 

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